SF 343 (LSB 2238XS (2) 86)

SENATE FILE 343

BY  GUTH

A BILL FOR

An Act regarding the nullification of regulations of the United States environmental protection agency in this state. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  455A.15A  Nullification of United States environmental protection agency regulations.
   1.  The general assembly makes the following findings:
   a.  The tenth amendment to the Constitution of the United States reads as follows: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
   b.  The tenth amendment defines the total scope of federal power as being that which is specifically granted by the Constitution of the United States and no more.
   c.  Article VI of the Constitution of the United States states that federal actions are supreme only when made in pursuance of the Constitution of the United States. 
   d.  The scope of power defined by the tenth amendment means that the federal government was created by the states specifically to be an agent of the states.
   e.  The regulation-making authority of the United States environmental protection agency is not authorized by the Constitution of the United States in any article or amendment and violates the Constitution’s true meaning and intent as given by the founders and ratifiers.
   2.  Based on the findings in section 1, all regulations imposed by the United States environmental protection agency before, on, or after July 1, 2015, are void in this state. 
   3.  This state, being conscious of the need for environmental protection for its citizens, shall provide environmental protection through its department of natural resources. 
   4.  All laws and funding appropriations concerning environmental protection shall be determined through passage of enrolled acts by the general assembly.
   5.  The department of natural resources shall be responsible for the adoption and enforcement of all necessary rules concerning environmental protection in this state.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill nullifies the regulations of the United States environmental protection agency in this state. The bill states that the regulation-making authority of the United States environmental protection agency is not authorized by the Constitution of the United States in any article or amendment and violates the Constitution’s true meaning and intent. The department of natural resources shall be responsible for protection of the environment in this state. All laws and funding related to environmental protection shall be enacted by the general assembly of this state.